Ohio Personal Injury Lawsuit
How Do I Know if I Should File a Lawsuit?
Filing a personal injury lawsuit is a big step. The best way to determine if it makes sense for your situation is to consult with a legal expert. In general, you can sue someone whose negligent actions or mistakes caused you injuries and resulting damages.
For a successful personal injury lawsuit, you must be able to prove the defendant was negligent in causing your accidents and is liable for your expenses. For example, if the driver of a car that struck you was texting and ran a red light, resulting in injuries and medical expenses, you likely have a strong case.
Only a qualified Ohio personal injury lawyer can tell you if a lawsuit makes sense for your situation. Don’t accept any compensation or settlement amount or sign anything regarding the incident until you talk to a lawyer.
What Are the Steps in an Ohio Personal Injury Lawsuit?
If you decide to file a personal injury lawsuit, it will follow certain steps. Every case is different, and the outcome is not guaranteed. Once you have found and hired a good lawyer, together you will go through these steps:
- Filing the complaint
A lawsuit officially begins when your lawyer files a complaint on your behalf. This document outlines your accusations and notifies the court and defendants of your action. - Build a case
The complaint begins a period known as discovery, during which each side builds a case for a potential trial. This involves investigations, collection of evidence, talking to witnesses and experts, and holding depositions. - Negotiating a settlement
Your lawyer will try to negotiate with the defendants for a fair settlement on your behalf to avoid a lengthy trial. They will consider Ohio laws that impact damages amounts, such as comparative fault and a cap on non-economic damages. - Litigating in court
Your lawyer may need to take the defendants to court if negotiations fail. They will bring evidence along with witness and expert testimony to prove negligence and liability. The goal is to get a jury verdict in your favor along with a monetary award. - Appealing
If you do not get a favorable verdict, your lawyer may advise appealing the decision and taking it to a higher court. The defendants may do the same if you win the trial. Either way, you will see a delay in receiving compensation.
Is There a Time Limit on Filing a Personal Injury Lawsuit in Ohio?
Yes, you have just two years to file a lawsuit. This is the statute of limitations in Ohio. It means you have two years from the time you sustained injuries with minimal exceptions. It’s important to talk to a lawyer as soon after an accident as possible to start a lawsuit and avoid missing this opportunity.
What Will My Lawyer Need from Me to Prove My Case?
Proving negligence and liability in a personal injury case requires four basic elements: that the defendants had a duty to behave or act in a certain, reasonable way, that they failed to do so, and that this failure led to your injuries and resulted in significant damages.
To prove negligence and liability, your lawyer will rely on several things, some of which you can provide:
- Your testimony about the event and the testimony of witnesses
- Physical evidence of harm, such as photo or video of the incident or your actual injuries
- Your medical reports and bills
- Police reports
- Testimony from experts, such as medical experts or accident reconstruction specialists
How Much Can I Recover in Damages?
A personal injury lawyer has the expertise and experience to make a reasonable estimate of what you can recover, but no one can guarantee an amount. Damages are generally based on the severity of your injuries, medical expenses, future expected expenses, and lost wages.
You can also claim non-economic damages for your emotional and physical suffering and pain. In Ohio, this amount is capped at $350,000. There is no cap on how much you can recover for actual expenses, like medical care.[1]
Examples of Ohio Personal Injury Lawsuits
Outcomes for personal injury lawsuits can never be predicted perfectly, but a good lawyer can give you the best chance of success. These are just a few examples of settled or ongoing personal injury lawsuits in Ohio to give you an idea of what is possible:
- An Ohio jury had a big decision to make in awarding a couple $50 million for exposure to chemicals in drinking water. The case against DuPont resulted in a verdict for Travis Abbot and his wife after he developed cancer related to the PFAS chemicals the company leaked into Ohio drinking water.[2]
- In 2016, Lynda Sadowski tripped over a wet floor sign that had fallen on the floor of Jack Casino in Cincinnati. The accident left her with a broken kneecap and surgery to put in a mettle plate. Her legal team won her a $3 million jury verdict.[3]
- In a case involving individuals, Francis D. Martauz of Lake Milton sued an Akron woman for failing to operate her boat in a reasonably safe manner. She crashed into his boat, causing him permanent injuries and economic and non-economic damages. The case is not yet resolved.[4]
An Ohio personal injury lawsuit provides a way to recoup financial losses after an accident. It’s also a chance to get justice for the harm caused by someone else’s negligence. The right lawyer can provide advice and represent you in a lawsuit if you decide to pursue a settlement or verdict.